1. Third Party Observations under article 115 of EPC

TKDL third party submission under Article 115 EPC brought to the notice of examination division the prior art references on the use of Capsicum annuum (cayenne pepper) for the treatment of Cough/Bronchitis, Dyspnoea, Bronchial asthma and as Anti-inflammatory from the books – Muheet Azam, Vol. IV by Mohammad Azam Khan (Unani, Exhibit 1), Khazaain-al-Advia, Vol II by Mohammad Najmul Ghani Khan (Unani, Exhibit 2), Khazaain-al-Advia, Vol III by Mohammad Najmul Ghani Khan (Unani, Exhibit 3), Astanga Hrdaya by Vagabhata (Ayurveda, Exhibit 4) and Ikseer Azam, Vol. II by Mohammad Azam Khan (Unani, Exhibit 5).

2. Relevant Extract of EPO Examination report

EPO Patent Examiner(s) took cognizance of TKDL references. Extract of examination report are reproduced below.

“New claims 1-10 filed by the applicant with letter of 24.02.2014 as well as third party observations filed on 09.05.2014 have been duly considered.

The following prior art has been taken into consideration:

D11: Exhibit 05 provided by 3rd party observations

D11 describes compositions comprising paprika (Capsicum annuum Linn; cayenne pepper) for use in the treatment of bronchial asthma.

It is to be noted that the same problem-solution approach would apply taking D11 as closest prior art, which furthermore directly points to the use of a composition comprising paprika for the treatment of bronchial asthma.”

Full examination report can be referred at EP2550970.pdf

3. Outcomes of Third Party Observations & Examination Report.

As the outcome of TKDL third party and other documents cited in examination report, the examination is under process and reply is still awaited from the Applicant Industry-University Cooperation Foundation Hanyang University/ Korea.